Page 65 - claims information pack ebook_e

Guidelines for presenting claims in the fisheries, mariculture and fish processing sector

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6. When should you make a claim?

6.1 Compensation can be paid only for losses basis, such as every month or every three
or damages that have already happened. months.
If your fishing gear or equipment has been 6.2 Whatever the period of your claim, you
contaminated by oil, then it is safe to make a should try to submit your claim as soon as
claim straight away, unless there is a chance possible and it must be submitted within
that more damage might occur. However, if three years of the damage taking place.
you are claiming for loss of earnings due, for If you have made a claim, but have not
example, to not being able to go fishing, then come to an agreement with the 1992 Fund/
there is no point in making this claim only a shipowner’s insurer within three years of the
few days after the spill has happened, as you damage occurring, you must protect your
can only claim for those few days and not rights in court. Failure to do this will result
for possible future losses. It is best to wait a in you losing your right to compensation.
few weeks and see how things turn out – the Although damage may occur some time
incident may be over by then and you can after an incident takes place, court action
make one claim for all your losses. If it looks must in any event be brought within six years
like the pollution may affect you for a long of the date of the incident (see section 2.5 of
time, you could put in a claim on a regular the Claims Manual for further information).